Sarabathini Sri Krishna Chaitanya alias Krishna Chaitanya v. The State The Station House Officer
CRLP/12791/2025 · 2025-12-09
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45632 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45632 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010654542025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between:
1. SARABATHINI SRI KRISHNA CHAITANYA ALIAS KRISHNA CHAITANYA, S/O ANJANEYULU, AGED 28 YEARS,R/O RATNAGIRI NAGAR,PALAKALURU ROAD,GUNTUR, GUNTUR DISTRICT
1. THE STATE THE STATION HOUSE OFFICER, P.S.,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF A.P., AMARAVATI. 2.
KARREDULA SARATH CHANDRA, S/O JESSIDEN BABU, AGED ABOUT 29 YEARS, R/O 9TH LANE, A.T. AGRAHARAM, GUNTUR Petition under Section 437/438/439/482 o praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the FIR No. 178 of 2024 of Nagarampalem P.S. dated 03 and to pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all proceedings in connection with FIR No. 178 of 2024 of Nagarampalem P.S. dated 03 arrest of the petitioner/Accused No.2 and to pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12791/2025 SARABATHINI SRI KRISHNA CHAITANYA ALIAS KRISHNA CHAITANYA, S/O ANJANEYULU, AGED 28 YEARS,R/O RATNAGIRI NAGAR,PALAKALURU ROAD,GUNTUR, GUNTUR DISTRICT ...PETITIONER/ACCUSED AND THE STATE THE STATION HOUSE OFFICER, NAGARAMPALEM P.S.,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF A.P., KARREDULA SARATH CHANDRA, S/O JESSIDEN BABU, AGED ABOUT 29 YEARS, R/O 9TH LANE, A.T. AGRAHARAM, GUNTUR ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the FIR No. 178 of 2024 of Nagarampalem P.S. dated 03-07-2024 against the petitioner/Accused No.2 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all proceedings in connection with 78 of 2024 of Nagarampalem P.S. dated 03-07-2024 including arrest of the petitioner/Accused No.2 and to pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA SARABATHINI SRI KRISHNA CHAITANYA ALIAS KRISHNA CHAITANYA, S/O ANJANEYULU, AGED 28 YEARS,R/O RATNAGIRI NAGAR,PALAKALURU ROAD,GUNTUR, GUNTUR DISTRICT ...PETITIONER/ACCUSED NAGARAMPALEM P.S.,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF A.P., KARREDULA SARATH CHANDRA, S/O JESSIDEN BABU, AGED ABOUT 29 YEARS, R/O 9TH LANE, A.T. AGRAHARAM, GUNTUR ...RESPONDENT/COMPLAINANT(S): f Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the FIR No. 178 of 2024 of 2024 against the petitioner/Accused No.2 Petition under Section 482 of Cr.P.C and 528 of BNSS praying
that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all proceedings in connection with 2024 including Counsel for the Petitioner/accused: 1. RATAN MOHAN MEDIDA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12791/2025
ORDER:
The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioner/Accused No.2, seeking quashment of the entire proceedings against him in the FIR No. 178 of 2024 of Nagarampalem P.S. dated 03-07-
2024.
2. Heard Sri Ratan Mohan, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State.
3.
Learned counsel for the petitioner would submit that the petition may be
disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1.
4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioner is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.
5. Considering the submissions, this criminal petition is disposed of with the following;
1 (2014) 8 SCC 273
a. Investigating Officer is at liberty to complete the investigation, in accordance with law and file final report upon completing investigation. b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra).
7. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the same, if so advised
8. Accordingly, the Criminal Petition is disposed of.
Pending applications, if any, shall stands closed.
______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 10.12.2025 KKV
207 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 12791/2025 Dt.10-12-2025
KKV
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 12791/2025 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
1
10.12.2025
Dr.VJP,J
The Criminal Petition is disposed of.
(Vide separate order)
________ Dr.VJP, J KKV